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(영문) 수원지방법원 2018.12.13 2018고단3942
강제추행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 26, 2018, the Defendant, at the first floor parking lot of the building C in Suwon-si, Suwon-si, Suwon-si, on February 26, 2018, argued the problem of the victim D (51 tax) who is an acting engineer and the charge, and committed an indecent act by force on the part of the victim by using the sexual organ of the victim with a sudden hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of D and E;

1. 112 A list of reported cases;

1. Determination as to the assertion of the Defendant and defense counsel against CCTV screen CDs at the occurrence of the case

1. The gist of the assertion is that the defendant had a sexual organ for the victim's dancing, but there was no fact that he had a sexual organ, and there was an act of the victim's statement;

However, it can not be regarded as a forced indecent act.

2. Determination

A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall evaluate the credibility of the statements, taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penance of the statements, which are being made public in the open court after taking an oath before a judge, in order to determine the credibility of the statements made by the victim, etc.

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